State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]

91_HB0264eng

 
HB0264 Engrossed                              LRB9100633ACsbA

 1        AN ACT concerning plumbers.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Public Utilities Act is amended by adding
 5    Section 13-709 as follows:

 6        (220 ILCS 5/13-709 new)
 7        Sec. 13-709.  Orders of correction.
 8        (a)  A   telecommunications  carrier  shall  comply  with
 9    orders of correction  issued  by  the  Department  of  Public
10    Health under Section 5 of the Illinois Plumbing License Law.
11        (b)  Upon  receiving  notification from the Department of
12    Public Health that a telecommunications carrier has failed to
13    comply with an order of  correction,  the  Illinois  Commerce
14    Commission shall enforce the order.
15        (c)  The  good  faith  compliance by a telecommunications
16    carrier with an order of the Department of Public  Health  or
17    Illinois Commerce Commission to terminate service pursuant to
18    Section   5  of  the  Illinois  Plumbing  License  Law  shall
19    constitute a complete defense to  any  civil  action  brought
20    against  the  telecommunications  carrier  arising  from  the
21    termination of service.

22        Section 10.  The Illinois Plumbing License Law is amended
23    by changing Sections 2 and 5 as follows:

24        (225 ILCS 320/2) (from Ch. 111, par. 1102)
25        Sec. 2.  When used in this Act:
26        "Agent"  means  a  person  designated  by  a  sponsor  as
27    responsible  for supervision of an apprentice plumber and who
28    is also an Illinois licensed plumber.
29        "Apprentice plumber" means any  licensed  person  who  is
 
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 1    learning  and  performing plumbing under the supervision of a
 2    sponsor or his agent in accordance  with  the  provisions  of
 3    this Act.
 4        "Approved apprenticeship program" means an apprenticeship
 5    program  approved by the U.S. Department of Labor's Bureau of
 6    Apprenticeship and Training and the Department under rules.
 7        "Board"  means  the  Illinois  State  Board  of  Plumbing
 8    Examiners.
 9        "Building drain" means that part of the lowest horizontal
10    piping of a drainage system that receives the discharge  from
11    soil,  waste,  and other drainage pipes inside the walls of a
12    building and conveys it to 5 feet beyond the foundation walls
13    where it is connected to the building sewer.
14        "Building sewer" means that part of the horizontal piping
15    of a drainage  system  that  extends  from  the  end  of  the
16    building  drain, receives the discharge of the building drain
17    and conveys it to a public sewer or private  sewage  disposal
18    system.
19        "Department"  means  the  Illinois  Department  of Public
20    Health.
21        "Director" means the Director of the Illinois  Department
22    of Public Health.
23        "Governmental  unit"  means a city, village, incorporated
24    town, county, or sanitary or water district.
25        "Lawn sprinkler system" means any  irrigation  system  of
26    lawn,  shrubbery  and other vegetation from any potable water
27    sources; and from any water sources, whether or not  potable,
28    in:   (i)  any county with a population of 3,000,000 or more;
29    (ii) any county with a population of 275,000 or more which is
30    contiguous in whole or in part to a county with a  population
31    of  3,000,000 or more; and (iii) any county with a population
32    of 37,000 or more but less than 150,000 which  is  contiguous
33    to  2  or more counties with respective populations in excess
34    of 275,000. Such system includes without limitation the water
 
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 1    supply piping, valves and sprinkler heads or other irrigation
 2    outlets.   Lawn  sprinkler  system  does   not   include   an
 3    irrigation system used primarily for agricultural purposes.
 4        "Person"  means  any  natural  person, firm, corporation,
 5    partnership, or association.
 6        "Plumber" means any licensed person authorized to perform
 7    plumbing as defined in this Act, but does not include retired
 8    plumbers as defined in this Act.
 9        "Plumbing"  means  the   actual   installation,   repair,
10    maintenance,  alteration or extension of a plumbing system by
11    any person.
12        Plumbing includes all piping, fixtures, appurtenances and
13    appliances for a supply of water for all purposes,  including
14    without limitation lawn sprinkler systems, from the source of
15    a  private  water  supply on the premises or from the main in
16    the street, alley or at the curb to,  within  and  about  any
17    building or buildings where a person or persons live, work or
18    assemble.
19        Plumbing  includes  all piping, from discharge of pumping
20    units  to  and  including  pressure  tanks  in  water  supply
21    systems.
22        Plumbing includes all  piping,  fixtures,  appurtenances,
23    and  appliances  for a building drain and a sanitary drainage
24    and related ventilation system of any building  or  buildings
25    where  a  person  or  persons live, work or assemble from the
26    point of connection of such building drain  to  the  building
27    sewer  or  private  sewage  disposal system 5 feet beyond the
28    foundation walls.
29        Plumbing  does  not  mean  or  include   the   trade   of
30    drain-laying,   the  trade  of  drilling  water  wells  which
31    constitute the sources of  private  water  supplies,  and  of
32    making  connections  between  such wells and pumping units in
33    the water supply systems of buildings served by such  private
34    water supplies, or the business of installing water softening
 
HB0264 Engrossed            -4-               LRB9100633ACsbA
 1    equipment  and  of maintaining and servicing the same, or the
 2    business  of  manufacturing  or  selling  plumbing  fixtures,
 3    appliances, equipment or hardware, or to the installation and
 4    servicing of electrical equipment sold  by  a  not-for-profit
 5    corporation providing electrification on a cooperative basis,
 6    that  either  on  or  before  January 1, 1971, is or has been
 7    financed in  whole  or  in  part  under  the  federal  "Rural
 8    Electrification  Act of 1936" and the Acts amendatory thereof
 9    and supplementary thereto, to its members for  use  on  farms
10    owned  by individuals or operated by individuals, nor does it
11    mean or include minor repairs which do not require changes in
12    the piping to  or  from  plumbing  fixtures  or  involve  the
13    removal,  replacement, installation or re-installation of any
14    pipe or plumbing fixtures.  Plumbing  does  not  include  the
15    installation, repair, maintenance, alteration or extension of
16    building sewers.
17        "Plumbing  fixtures" means installed receptacles, devices
18    or appliances that are supplied with water or that receive or
19    discharge liquids or liquid borne  wastes,  with  or  without
20    discharge  into  the  drainage  system with which they may be
21    directly or indirectly connected.
22        "Plumbing system" means  the water service, water  supply
23    and  distribution  pipes;  plumbing fixtures and traps; soil,
24    waste  and  vent  pipes;  building  drains;  including  their
25    respective connections, devices and  appurtenances.  Plumbing
26    system  does  not  include building sewers as defined in this
27    Act.
28        "Retired plumber" means  any  licensed  plumber  in  good
29    standing  who  meets  the  requirements  of  this Act and the
30    requirements prescribed by Department rule to be licensed  as
31    a  retired  plumber  and voluntarily surrenders his plumber's
32    license  to  the  Department,  in  exchange  for  a   retired
33    plumber's  license.  Retired plumbers cannot perform plumbing
34    as  defined  in  this  Act,  cannot  sponsor   or   supervise
 
HB0264 Engrossed            -5-               LRB9100633ACsbA
 1    apprentice  plumbers,  and cannot inspect plumbing under this
 2    Act.  A retired plumber cannot fulfill  the  requirements  of
 3    subsection (3) of Section 3 of this Act.
 4        "Supervision"  with  respect  to  first  and  second year
 5    licensed apprentice plumbers means that such apprentices must
 6    perform all designing and planning of  plumbing  systems  and
 7    all plumbing as defined in this Act under the direct personal
 8    supervision  of the sponsor or his or her agent who must also
 9    be an Illinois licensed plumber, except for  maintenance  and
10    repair  work on existing plumbing systems done by second year
11    apprentice plumbers;  provided  that  before  performing  any
12    maintenance  and  repair  work without such supervision, such
13    apprentice has received the minimum number of hours of annual
14    classroom  instruction  recommended  by  the  United   States
15    Department  of  Labor's Bureau of Apprenticeship and Training
16    for apprentice plumbers in a  Bureau  of  Apprenticeship  and
17    Training  approved  plumber  apprenticeship  program  or  its
18    equivalent.    "Supervision"   with   respect  to  all  other
19    apprentice plumbers means that, except  for  maintenance  and
20    repair  work  on existing plumbing systems, any plumbing done
21    by such apprentices must be inspected  daily,  after  initial
22    rough-in  and  after  completion by the sponsor or his or her
23    agent who is also an Illinois licensed plumber.  In addition,
24    all repair and maintenance work done by a licensed apprentice
25    plumber on an existing plumbing system must  be  approved  by
26    the  sponsor  or  his  or  her  agent who is also an Illinois
27    licensed plumber.
28        "Sponsor" is an Illinois licensed plumber or an  approved
29    apprenticeship  program that has accepted an individual as an
30    Illinois  licensed  apprentice  plumber  for  education   and
31    training  in the field of plumbing and whose name and license
32    number or apprenticeship program number shall appear  on  the
33    individual's application for an apprentice plumber's license.
34        "Sponsored"  means that each Illinois licensed apprentice
 
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 1    plumber has been accepted by an Illinois licensed plumber  or
 2    an   approved   apprenticeship   program  for  apprenticeship
 3    training.
 4        "Telecommunications carrier" means  a  telecommunications
 5    carrier as defined in the Public Utilities Act.
 6    (Source: P.A. 89-665, eff. 8-14-96.)

 7        (225 ILCS 320/5) (from Ch. 111, par. 1104)
 8        Sec. 5.  Advertising.
 9        (a)  Persons  who  advertise  plumbing services shall, at
10    their place  of  business,  display  the  licensed  plumber's
11    license  of  at  least one member of the firm, partnership or
12    officer of the corporation  and  shall  maintain  a  register
13    listing  the  names  and  license  numbers  of  all  licensed
14    plumbers  and  all  licensed  apprentice  plumbers  currently
15    employed  by  them.  The  number  of the license so displayed
16    shall also be included with the  plumbing  identification  on
17    vehicles.
18        (b)  No   person   who  provides  plumbing  services  may
19    advertise those services unless that person includes  in  the
20    advertisement  the  license  number  that  is  required to be
21    displayed under subsection (a).  Nothing  contained  in  this
22    subsection requires the publisher of advertising for plumbing
23    services to investigate or verify the accuracy of the license
24    number provided by the advertiser.
25        (b.5)  Any  person  who  advertises plumbing services (i)
26    who  fails  to  display  the  license  number   required   by
27    subsection  (a)  in  all manners required by that subsection,
28    (ii) who fails to provide a publisher with the correct number
29    under subsection (b), or (iii) who provides a publisher  with
30    a  false license number or a license number of a person other
31    than the person  designated  under  subsection  (a),  or  any
32    person  who  allows his or her license number to be displayed
33    or used in order to allow any other person to circumvent  any
 
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 1    provisions of this Section is guilty of a Class A misdemeanor
 2    with  a  fine  of  $1,000,  which  shall  be  subject  to the
 3    enforcement provisions of Section 29 of this  Act.  Each  day
 4    that  a  person  fails  to display the required license under
 5    subsection (a) and each day that  an  advertisement  runs  or
 6    each  day  that  a  person  allows  his  or her license to be
 7    displayed or used in violation of this Section constitutes  a
 8    separate offense.
 9        In  addition  to,  and  not in lieu of, the penalties and
10    remedies provided for in this Section and Section 29 of  this
11    Act,  any  person  licensed  under  this Act who violates any
12    provision of this Section shall be subject to  suspension  or
13    revocation  of  his  or  her license under Section 19 of this
14    Act.
15        (b.10) In addition to, and not in lieu of, the  penalties
16    and  remedies  provided  for in this Section and Sections 19,
17    20, and 29 of this Act, and after notice and  an  opportunity
18    for hearing as provided for in this subsection and Section 19
19    of  this Act, the Department may issue an Order Of Correction
20    to the telecommunications carrier furnishing service  to  any
21    telephone  number  contained  in  a printed advertisement for
22    plumbing services that is found to be  in  violation  of  the
23    provisions  of this subsection. The Order of Correction shall
24    be limited to the telephone number contained in the  unlawful
25    advertisement.   The  Order  of  Correction  shall notify the
26    telecommunications  carrier  to  disconnect   the   telephone
27    service  furnished  to  any telephone number contained in the
28    unlawful advertisement and  that  subsequent  calls  to  that
29    number  shall  not  be  referred  by  the  telecommunications
30    carrier  to  any  new  telephone  number  obtained  by or any
31    existing number registered to the person.
32        If, upon investigation, the Department has probable cause
33    to believe that a person has placed an advertisement  with  a
34    telecommunications carrier that: (i) contains a false license
 
HB0264 Engrossed            -8-               LRB9100633ACsbA
 1    number, (ii) contains a license number of a person other than
 2    the  person  designated  under  subsection  (a),  or (iii) is
 3    placed or circulated by a person who is not properly licensed
 4    under this Act, the Department shall provide  notice  to  the
 5    person  of  the  Department's  intent  to  issue  an Order of
 6    Correction to the telecommunications  carrier  to  disconnect
 7    the  telephone  service  furnished  to  any  telephone number
 8    contained in the unlawful advertisement, and that  subsequent
 9    calls   to   that   number  shall  not  be  referred  by  the
10    telecommunications  carrier  to  any  new  telephone   number
11    obtained by or any existing number registered to the person.
12        Notice shall be provided by certified mail or by personal
13    service setting forth the particular reasons for the proposed
14    action and fixing a date, not less than 20 days from the date
15    of  the mailing or service, within which time the person must
16    request a hearing in  writing.  Failure  to  serve  upon  the
17    Department  a  written  request  for  hearing within the time
18    provided in the notice  shall  constitute  a  waiver  of  the
19    person's  right  to  an  administrative hearing. The hearing,
20    findings, and conclusions shall be  in  accordance  with  the
21    provisions  contained  in  Section  19  of  this  Act and the
22    Department's   Rules   of   Practice   and    Procedure    in
23    Administrative  Hearings (77 Ill. Admin. Code 100), which are
24    incorporated by reference herein.
25        Upon  a  finding  that  the  person  has   violated   the
26    provisions of this subsection, the Department shall issue the
27    Order of Correction to the telecommunications carrier. If the
28    telecommunications  carrier fails to comply with the Order of
29    Correction within 20 days  after  the  order  is  final,  the
30    Department  shall  inform the Illinois Commerce Commission of
31    the failure to comply and the  Illinois  Commerce  Commission
32    shall   require  the  telecommunications  carrier  furnishing
33    services to that person to disconnect the  telephone  service
34    furnished  to  the telephone number contained in the unlawful
 
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 1    advertisement and direct that subsequent calls to that number
 2    shall not be referred by the  telecommunications  carrier  to
 3    any  new  telephone number obtained by or any existing number
 4    registered to the person.
 5        A person may have his or her telephone services restored,
 6    after an Order of Correction has been issued, upon a showing,
 7    to the satisfaction of the Department, that he or she  is  in
 8    compliance with the provisions of this Act.
 9        (c)  The  Department  may  require by rule and regulation
10    additional  information  concerning  licensed  plumbers   and
11    licensed apprentice plumbers maintained in the register.  The
12    Department  shall  have  the  right  to  examine  the payroll
13    records of such persons to  determine  compliance  with  this
14    provision.  The Department's right to examine payroll records
15    is limited solely to those records and does not extend to any
16    other business records.
17    (Source: P.A. 87-593; 88-501.)

18        Section  99.   Effective  date.  This Act takes effect on
19    January 1, 2000.

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